Judge Nidia Méndez Martín concludes that the disciplinary file that the PSOE opened to Mena, and that led to his expulsion, suffers from “a defect in form and substance”, which implies the full estimate of the mayor’s demand and the nullity of party resolutions on this matter.
He observes that the statement of charge “follows” that the party holds him responsible for the dismissal of the Urban Planning councilor Luis García due to loss of confidence and the consequent division of the party, and also for “undermining” the image of the formation, of ” indiscipline “for not giving up his act as councilor and for the” ungovernability “of the group.
Beyond considering the “coherent and seamless” statements of the witnesses who appeared in the trial, both organic party officials and Socialist councilors, the magistrate points out that these have to be put in line with the rest of the tests.
And he alludes to the fact that “the only documentary evidence” that is in the file “is news from the media”, insufficient, in his opinion, to file a person, “especially when the source of the same is not known” .
“Major Division”
From the statements of several witnesses, the judge deduces that “it is clear that there is an important division” in the party and that “it seems attributable” to José Julián Mena.
It coincides with the Public Prosecutor’s Office, which had already requested the annulment of Mena’s expulsion, in which no statement was taken from any of the councilors who testified in the oral hearing during the preparation of the sanctioning file, despite being “an internal circumstance of the party “and having” positions from both sides ”
“The same” in this case, the magistrate abounds, “would have been take statement from all councilors to determine in a global way the facts imputed to the plaintiff “.
“The mere newspaper clippings cannot supply a test of such magnitude and more knowing that there are two sides in this case,” he adds.
The judge insists that the statements of witnesses in the oral hearing can demonstrate “some of the facts” that are attributed to Mena, but since they are not in the record, “they cannot be taken into account”, and adds that these omissions “cannot be corrected through this trial.”
As the Public Prosecutor said, “what is not there, the file does not exist”.
As for the meetings alluded to by the witnesses to try to reunify the party, in which Mena was allegedly given instructions, he points to the absence of minutes of the same.
The trial was held last week after in March this year the same court upheld the precautionary measures requested by the mayor and suspended the expulsion agreements that the federal executive and the PSOE ethics and guarantees committee had adopted.
The expulsion of Mena and the Urban Planning councilor Luis García was ratified in December of last year after the mayor dismissed the mayor for alleged irregularities and a division into two of the government group was originated, so that of the 14 councilors of the PSOE seven supported each party.
